Can judge grant a relief to petitioner which neither the petitioner nor the respondent asked for?
Gopan
(Querist) 19 December 2013
This query is : Resolved
Can judge grant a relief to petitioner which neither the petitioner nor the respondent asked for in the petition or counter? I mean, the petitioner asked for one relief in petition and the respondent just blindly denied all allegations without asking any counter relief. After the trial, the judge finds no merit to grant the relief asked by the petitioner but still finds merit to grant another relief which has not been asked by petitioner. In such a situation, can judge grant that relief to the petitioner by order/judgement?
ajay sethi
(Expert) 19 December 2013
without knowing detailed facts of case we cant advise . basically you can only be granted reliefs sought for
R.K Nanda
(Expert) 19 December 2013
state real facts.
Devajyoti Barman
(Expert) 19 December 2013
YES, GIVE FULL DETAILS. tHE COURT IN CERTAIN CIRCUMSTANCES CAN PASS ORDER FOR JUST DECISION OF THE CASE.
V R SHROFF
(Expert) 19 December 2013
SEC 151 CPC PROVISION FOR GRANTING ANY RELIEF DEEM FIT AND PROPER TO JUDGE.. to meet end of justice.
Raj Kumar Makkad
(Expert) 17 December 2022
If रहे facts of the case disclose the alternate relief for the substantial justice, the same can definitely be granted though not claimed.
